Muthukannammal v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN and THE HONOURABLE MR.JUSTICE M.DURAISWAMY Muthukannammal ... Petitioner Vs.
1.The District Collector, Madurai District.
2.The Revenue Divisional Officer, Madurai, Madurai District.
3.The Tahsildar, Thirumangalam Taluk Office, Madurai District.
4.The Tahsildar, Kallikudi Taluk Office, Madurai District.
5.The Headmaster, Government Higher Secondary School, Kallikudi, Madurai District.
... Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 to 4 to consider the petitioner's application dated 31.01.2020 and to issue community certificate to Petitioner's son namely Karuppasamy as a Hindu, Rao community.
For Petitioner : Mr.P.Muthusamy For Respondents : Mr.P.Thilakkumar Standing Counsel for Government *****
ORDER
(Order of the Court was made by N.KIRUBAKARAN,J.) The petitioner contends that she belongs to Hindu, Rao community. Therefore, the petitioner has given a reprentation on 31.01.2021 to issue a community certificate giving status as Hindu, 1/3
Rao, for her son.
2. It is contended by the learned Counsel for the petitioner that the petitioner's family came from Maharastra and her mother tongue is Marathi. Her father used to conduct puppet show in all over Tamil Nadu and got settled in Tamil Nadu.
3. The petitioner applied for community certificate for her son. However, the same was rejected stating that no previous community certificate was produced. The respondents want to produce the community certificate of the petitioner's family. However, no previous community certificate is available with the petitioner's family. The petitioner's children studied in Tamil Nadu, especially in the fifth respondent School. Having applied for community certificate on 31.01.2020, it has not been disbursed till date. Hence, the petitioner has approached this Court by filing this writ petition.
4. Heard Mr.P.Muthusamy, learned Counsel for the petitioner and Mr.P.Thilakkumar, learned Standing Counsel for the Government, who takes notice for the respondents and perused the materials placed on record.
5. It is the case of the petitioner that her family belongs to Hindu Rao community and they came from Maharastra and the petitioner community is predominantly living in Maharastra. It is further stated the petitioner's community is a forward community and therefore, the petitioner may not make use of the said certificate for getting any Government concessions including reservation.
6. In view of the above facts and circumstances of the case, the fourth respondent is directed to conduct an enquiry based on the petitioner's application, dated 31.01.2010 after giving opportunity to the petitioner and take a decision on the same, within a period of eight weeks from the date of receipt of a copy of this order.
7. With the above observations, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar (P&A) // True Copy // / /2021 Sub Assistant Registrar(CS) SSL 2/3
Note :
In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.
To 1.The District Collector, Madurai District.
2.The Revenue Divisional Officer, Madurai, Madurai District.
3.The Tahsildar, Thirumangalam Taluk Office, Madurai District.
4.The Tahsildar, Kallikudi Taluk Office, Madurai District.
5.The Headmaster, Government Higher Secondary School, Kallikudi, Madurai District.
+1 CC to M/s.P.MUTHUSAMY, Advocate ( SR-25803[F] dated 10/08/2021 ) +1 CC to M/s.GP ( SR-25791[F] dated 10/08/2021 ) 09.08.2021 RD(19.08.2021) 3P 8C 3/3